Section 41.Liability of abettor for an offence caused by the act abetted different form that intended by the abettor. (SYARIAH CRIMINAL (NEGERI SEMBILAN) ENACTMENT 1992 -

Enactment No. 4 of 1992
SYARIAH CRIMINAL (NEGERI SEMBILAN) ENACTMENT 1992 -

PART III OF ABETMENT

Section 41.Liability of abettor for an offence caused by the act abetted different form that intended by the abettor.

When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment, causes a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner, and to the same extent, as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect.

ILLUSTRATION

A. instigates B. to cause Z. to give religious instruction knowing that Z. has no knowledge about the religion and a valid Tauliah issued by the Majlis. B. due to the instigation causes Z. to do the same and in the process of his teachings, he violated the Fatwa issued by the Majlis. Here, if A. knew that the teaching's abetted was likely to cause violation of the said fatwa. A. is liable to be punished with the punishment provided for the offence of violating the fatwa of the Majlis.